Detailed Answer — What happens when some relatives want to sell but others refuse?

When people own real estate together in Louisiana (for example, siblings inheriting a house), Louisiana law gives each co-owner the right to seek partition. A partition is a court action that divides ownership among co-owners. If the land or building can be divided fairly and without serious prejudice to value, the court may order a partition in kind (physically dividing the property). When division in kind is impractical or would greatly reduce the property’s value, the court can order a sale of the property and divide the sale proceeds among the owners. In Louisiana this forced sale is commonly called a partition by licitation (a judicial sale).

Key points of the process:

• Any co-owner may file a partition action in the appropriate parish civil court to force division or sale.
• The court orders an appraisal or expert evaluation, or accepts agreed appraisals, to understand whether a physical division is feasible without injury to value.
• If the court finds division in kind is not fair or feasible, it orders a licitation (public sale). The property is sold under judicial process and proceeds are distributed according to each owner’s share (after paying liens, costs, and attorneys’ fees).
• If one co-owner wants to keep the property, that person can sometimes buy out the other owners at an agreed price or at a price set through appraisal or partition procedures—if the parties or court allow it.

Practical complications and limits:

• Homestead and usufruct rights. If the property is a family homestead or someone holds a legal usufruct (for example, a surviving spouse’s right to use), those special rights can affect whether the court orders sale and how proceeds are allocated. Louisiana has strong protections for homestead and some family rights that may limit forced sale in certain circumstances.
• Mortgages and liens. Outstanding mortgages or liens must be resolved or paid from sale proceeds. Creditors’ rights often are settled before distribution to owners.
• Minor owners or incapacity. If an owner is a minor or legally incapacitated, the court will take special steps to protect that person’s interest; a guardian ad litem or other procedure may be required.
• Costs and timing. Partition suits take time and cost money (court costs, appraisals, attorneys’ fees, and sale costs). These reduce the net proceeds each owner receives.

Where to read the law yourself: Louisiana’s statutes and civil code discuss co-ownership and partition procedures on the official Louisiana Legislature site. For general reference see the Louisiana Legislature website: https://legis.la.gov/. If you want the specific civil code provisions, search that site for “partition,” “co-ownership,” or “licitation.”

Bottom line: yes — under Louisiana law, one or more co-owners can generally force a sale of co-owned real estate by filing a partition action when other owners refuse to sell. However, exceptions (homestead, usufruct, minors, liens) and practical details matter. Getting an attorney who knows Louisiana partition law will help you understand how it would apply in your specific situation and protect your rights.

Helpful Hints — Steps to take if you face a family dispute over property

1. Gather documents: deed, title abstract, mortgage statements, tax bills, and any wills or succession documents. Know who is on title and each person’s claimed share.
2. Talk first: Try mediation or family negotiation. An agreement to sell or buy out one another often saves time and money.
3. Get an appraisal: A professional appraisal or market analysis will show whether the property can be divided or whether sale makes more sense.
4. Consider buyout options: If you want to keep the property, offer to buy other owners’ shares for a fair price based on appraisal.
5. Check special rights: Ask whether homestead, usufruct, or protections for minors apply. These can change the court’s options and timelines.
6. Talk to a Louisiana attorney: A lawyer experienced in partition and succession law can explain procedural steps, likely outcomes, and costs. If cost is a concern, ask about limited-scope representation or initial consultations.
7. Prepare for court costs: Understand appraisal fees, filing fees, and sale/advertising costs. These are typically paid from sale proceeds but will reduce the distribution amount.

How an attorney can help

An attorney can:

• Confirm legal title and each owner’s share.
• Identify homestead, usufruct, and creditor issues that affect sale.
• Negotiate buyouts or settlements to avoid court.
• File and manage a partition action if necessary, including arranging appraisals and representing you at a licitation sale.
• Protect the interests of minors or incapacitated owners by ensuring required court safeguards are followed.